MAHESH TRIPATHI AND ANOTHER Vs. STATE OF UTTARAKHAND & ANOTHER
HIGH COURT OF UTTARAKHAND
Mahesh Tripathi and another
State of Uttarakhand and another
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(1.) The applicants, by means of present petition under Section 482 Cr.P.C., seek to quash the charge-sheet dated 28.06.2004 and impugned summoning order dated 09.05.2008, passed by learned Additional Chief Judicial Magistrate, Haldwani, District Nainital, in Criminal Case No. 2182 of 2008, captioned as State vs. Mohit and two others, relating to offence punishable under Section 306 IPC, pending before the learned Additional Chief Judicial Magistrate, Haldwani, District Nainital.
(2.) In the instant case, no FIR was lodged. Only an entry in G.D. was made to the effect that Rakesh Joshi committed suicide by consuming noan (pesticide). It was mentioned in the G.D. that Mohit, Anand Chilwal and Mahesh threatened Rakesh Joshi over extraction of stones from Gola River, as a consequence of which, Rakesh Joshi's mind got disturbed and he committed suicide by consuming insecticide. Although charge-sheet was submitted against the accused-applicants for the offence punishable under Section 306 IPC, but when the medical officer conducted postmortem on the dead body of the deceased on 23.11.2003, at 11:45 a.m., he could not ascertain the cause of death of deceased. According to Doctor K.D.Pande, Medical Officer, cause of death of the victim could not be ascertained. Viscera was preserved. Forensic Science Laboratory, vide report dated 16th March, 2004, found poison in the viscera of the deceased.
(3.) Even a bare reading of G.D., (FIR was not lodged), no ingredients of offence punishable under Section 306 IPC are made out. It was simply stated in the G.D. that the accused-applicants threatened the victim, as a consequence of which, he consumed insecticide. There is no single sentence anywhere to show that the applicants abetted the commission of such suicide, so as to attract the ingredients of offence under Section 306 IPC.;
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